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Agenda 10/22/2013 Item #11C 10/22/2013 11 .C. EXECUTIVE SUMMARY Recommendation to approve a prioritized list of LDC amendments for the 2014 LDC Amendment Cycles. OBJECTIVE: To obtain Board of County Commissioners (Board) approval of a prioritized LDC Amendment List for the 2014 LDC Amendment Cycles. CONSIDERATIONS: The prioritized list, outlined in Attachment 1, is comprised of LDC amendments that have been identified by County Staff and stakeholders over the past year. The list encompasses a broad range of issues, including Board directed amendments, large revisions to existing sections, and general clarifications. The list is divided into three levels, each with an anticipated time frame noted below. The time frames are based on a start time of November 2013. Staff will aim to complete as many of the issues identified in each level, however, some carryover is expected due to issues that arise during the public vetting and public process. As additional substantive LDC amendments are identified during a cycle, they will be presented to the Board for consideration and prioritization. However, as general scrivener's errors, clarifications, and other inconsistencies which originated from the recent adoption of the Administrative Code for Land Development and corresponding LDC amendments are discovered, they will be brought forward to the Board during the ongoing cycle. Board Initiated: 3-5 months Level 1: 3-5 months Level 2: 6-9 months Level 3: 10-14 months FISCAL IMPACT: The fiscal impact to the County will be comprised of staff time and legal advertising costs. LEGAL CONSIDERATIONS: This item is approved as to form and legality. A majority vote of the Board is needed to approve the schedule and priority list.—HFAC GROWTH MANAGEMENT IMPACT: The decision of the Board will have no effect on the Growth Management Plan. RECOMMENDATION: That the Board provides approval of the prioritized list and the projected time frames for the 2014 LDC Amendment Cycles. Prepared By: Caroline Cilek, Senior Planner, Growth Management Division Attachment: Attachment 1 -A prioritized list of LDC amendments for the 2014 LDC Amendment Cycles. Packet Page-105- 10/22/2013 11 .C. COLLIER COUNTY Board of County Commissioners Item Number: 11.11.C. Item Summary: Recommendation to approve a prioritized list of LDC amendments for the 2014 LDC Amendment Cycles. Meeting Date: 10/22/2013 Prepared By Name: CilekCaroline Title: Sr. Planner,Operations and Regulatory Management 9/26/2013 2:06:05 PM Submitted by Title: Sr. Planner, Operations and Regulatory Management Name: CilekCaroline 9/26/2013 2:06:07 PM Approved By Name: PuigJudy Title: Operations Analyst, GMD P&R Date: 10/3/2013 4:52:28 PM Name: BosiMichael Title: Manager-Planning,Comprehensive Planning Date: 10/4/2013 4:28:14 PM Name: FrenchJames Title:Director Date: 10/7/2013 4:58:39 PM Name: MarcellaJeanne Title: Executive Secretary,Transportati on Planning Date: 10/9/2013 1:21:00 PM Name:AshtonHeidi Packet Page-106- 10/22/2013 11.C. Title: Section Chief/Land Use-Transportation,County Attor Date: 10/10/2013 12:22:48 PM Name: KlatzkowJeff Title: County Attorney Date: 10/10/2013 1:39:45 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 10/11/2013 12:33:07 PM Name: OchsLeo Title: County Manager Date: 10/14/2013 11:20:33 AM ,. Packet Page-107- 10/22/2013 11 .C. Attachment 1 -Prioritized List of LDC Amendments for the 2014 LDC Amendment Cycles Board initiated 3-5 riti itths : , , Y , ; AA.A.Y 604 .._ i,k , . . 4 1 All applicable LDC Update the applicable sections of the LDC to identify the Hearing Examiner sections as a final decision maker. 2 LDC Chapter 3 Revise LDC to be consistent with EAR-based changes to the Conservation and Coastal Management Element(CCME)of the Growth Management Plan. 3 LDC sections 2.03.00 Extend the date for the early entry bonus Transfer Development Rights and 2.05.00 (TDR)program. 4 LDC section 2.03.00 Allow for comparable uses within a zoning district to utilize existing yy�/�y�j (+. structures without obtaining a Conditional Use permit. it Level 1'4 3-5 monthS ..gF. ,aVt 7�+r J•.{�:.F ke e�hr�tl 6'F3 iS t ��wr fir* ":' '��3 M1 k '+1V'h NI 1 LDC sections Codify a definition for transient lodging; clarify that Bed and Breakfasts are a 1.08.00, 2.03.00, form of transient lodging; and identify that guesthouses are not permitted a 5.03.03 and other postal address. applicable sections 2 LDC section 2.03.00 Review the commercial zoning districts, including, but not limited to the following: a. Review the commercial square footage limitations and propose increases for some uses based on location, comparable uses, and examples in the County. b. Relocate select uses to conditional use process due to advanced methods of operation. c. Update the C-4 and C-5 zoning districts to include the standard "comparable and compatible uses"language and approval process. 3 LDC section 4.02.16 Review the color requirements for the Bayshore Gateway Triangle CRA and for general clean up issues. 4 LDC section 2.03.00 Review the 20 percent limitation for retail in industrial zoning districts. 5 LDC section 5.04.00 Revise and update the Temporary Uses and Structures section, in particular address temporary use permits,temporary events,and temporary signage. The review may also include, but is not limited to, mobile food vendors, farmer's market time frames, fireworks, etc. 6 LDC section 10.02.13 Review Planned Unit Development(PUD)sunsetting requirements. 7 LDC section 5.06.00 Clarify and revise signage provisions, including but not limited to, signage for recreational facilities within a residential PUD, directional signage section, scoreboards, light pole banners,informational signs, etc. 8 LDC sections 3.05.05 Amend the Early Work Authorization(EWA)provisions, including: and 10.01.02 a. Allow for EWA to occur in phases, for each activity allowed under the permit, b. Remove the requirement for recording of conservation easements for early clearing/EWA and require preserves to be surveyed, prior to early clearing, in lieu of recording conservation easements for early clearing/EWA. 9 LDC sections 1.8.00, Clarify setback provisions for: "yard, waterfront,""corner lot width," 4.01.02,4.02.03, accessory structures in the Agricultural zoning district, conforming vs. 5.02.03 and other nonconforming, setbacks from required preserves; codify a staff clarification applicable sections regarding wet bars(for secondary kitchen and guest house); and address other scrivener's errors. 10 LDC section 4.06.00 Re-codify the Type B alternative buffer provision,review slope grades(both and other applicable commercial and residential), and fix general formatting errors. sections 1 Packet Page-108- 10/22/2013 11.C. Attachment 1 -Prioritized List of LDC Amendments for the 2014 LDC Amendment Cycles 11 LDC sections Review the Specific Design Standards for the Immokalee-Mobile Home Park 2.03.07,4.02.33, Overlay Subdistrict and the Site Improvement Plan requirements. 10.02.05 and other applicable sections Level 2_6-9 months r _ s ; _ �.a 1 LDC sections Revise public notice sections, including standardizing public notice 10.03.05, 10.03.06 requirements and required size for signage.Create an online forum for public and other applicable notices. sections 2 LDC section 2.03.00 Allow for on-street parking in a Central Business Districts(CBD)via a Right- and other applicable of-Way permit(Immokalee CBD, revise Bayshore Gateway Triangle, etc.). sections 3 LDC section 2.03.00 Amend the oil and gas exploration provisions to include a distance requirement and other applicable from residential property. sections 4 LDC sections 2.03.07 Restructure the Special Treatment(ST)Overlay district: and other applicable a. Establish criteria for site alteration within the ST Overlay; sections b. Eliminate the requirement for ST permits where criteria for site alteration within the overlay exist and where proposed development is in compliance with these criteria; c. Require ST permits where deviations from established criteria are requested; d. Eliminate the ST overlay from within the Urban Designation and retain the overlay where it currently exists within the Conservation Designation(CON)and Area of Critical State Concern(ACSC) Overlay; e. Retain existing criteria for site alteration within the ACSC Overlay, as required by State law. 5 Code of Laws Relocate Code of Laws and Ordinances Section 22-106 through 22-120,the Section 22-106 Excavation provision to the LDC. through 22-120 6 LDC Section Revise the Coastal Construction Setback Line permit section to allow State or 10.02.06 G Federal agency approved environmental restoration and implementation of County, State, or Federal approved preserve management plans. 7 LDC section 10.02.07 Revise several Certificate of Public Facility Adequacy(COA)provisions, and other applicable including: sections a. Remove the timeframes for COA for temporary structures; b. Permit developers to transfer remaining funds to same/adjacent districts; c. Amend the final payment date for roads and non-road impact fees. 8 LDC section 10.02.08 Revise rezoning findings of fact to be relevant to current review practices. 9 LDC section 4.02.12 Revise the display of merchandise regulations. and other applicable sections 10 LDC section 10.02.05 Clarify the requirements for record drawings for site plans and final subdivision plats, etc. 11 LDC section 4.06.04 Clarify that all stockpiles,regardless of origin(excavation or clearing)require and other applicable management. Aftok sections 2 Packet Page-109- 10/22/2013 11 .C. Attachment 1 -Prioritized List of LDC Amendments for the 2014 LDC Amendment Cycles 12 LDC section 2.03.00 Review the Immokalee Urban District Overly permitted, accessory, and and other applicable conditional uses. sections 13 LDC section 4.06.00 Update and codify the"The Native Plant List" and consider requirements for and other applicable the retention of existing trees. sections Level3�10-14 friont/zs.�� 1 LDC section 2.03.00 Amend the ACSC provisions to be consistent with State of Florida statutes and other applicable (GMPA must be accomplished first). sections 2 LDC section 5.03.06 Revise the Boat Dock Facility Extension criteria to be relevant in application. 3 LDC section 10.02.13 Revise the PUD Insubstantial (PDI)section to identify insubstantial text changes. 4 LDC section 10.02.06 Clarify the agricultural clearing permit provisions to be consistent with the related regulations. 5 LDC section 2.03.00 Amend the Assisted Living Facilities Floor Area Ratio(FAR)standard to allow for 0.6 FAR and establish criteria. 6 LDC section 6.06.06 Revise the trip generator caps based on zoning. 7 All applicable LDC Update the NAVD/NGVD requirements. sections. 8 LDC section 6.05.2 Revise and update the seawall provisions. and applicable LDC sections. 9 LDC section 6.02.03 Remove dated provisions regarding Traffic Impact Study requirements. 10 LDC section 4.02.00 Re-codify the maximum height for accessory structures in the Residential Single Family(RSF)districts. 11 LDC section 2.03.04 Review the permitted uses in the Industrial district to include karate, dance, artist studio, etc. 12 LDC sections 4.01.02 Codify staff clarification regarding wet bars(secondary kitchen and guest and 5.02.03 house). 13 Appendixes Remove Appendix B and reference Florida Department of Transportation (FDOT) standards and revise Appendix C for grammatical errors. 14 LDC section 6.06.06 Update the sidewalk design guideline images with FDOT graphics. 15 LDC section 6.06.00 Remove references to Area of Significant Influence(ASI) in transportation planning provisions. 16 Right-of-Way Relocate Sec. 3 of the Right-of-Way Permitting and Inspection Handbook to Permitting and the LDC to consolidate design standards. Inspection Handbook 17 LDC section 6.05.01 Review stormwater retention/detention design standards for single-family and other applicable dwelling units,two-family dwelling units, and duplexes. sections 3 Packet Page-110-